§ 167-86. Permitted uses; special use permit.

A. 

Uses allowed in the Town of Malta Agricultural Overlay District. In addition to the uses allowed in the underlying use district, including any and all types of agricultural production, other uses allowed by right include:

(1) 

Forest, wildlife and game management.

(2) 

Equestrian trails.

(3) 

Nature trails and walks.

(4) 

Agriculture.

(a) 

The production, packing and storage of value-added agricultural products is permitted. The management of manure shall be done in a prudent manner consistent with sound agricultural practices.

(5) 

Farm stand.

(6) 

Farmers markets.

(7) 

Agricultural tourism.

(8) 

Horse boarding.

(9) 

Farm sign(s).

(a) 

Farm signs on the farm within the overlay district shall not be placed in a manner that impairs the safety of adjacent roadways.

(b) 

Farms sign(s) located off the farm, within or without the overlay district, as is reasonably necessary to direct the public to the farm. Farm signs located off the property shall not be greater than 12 square feet in size and shall not be placed in a manner that impairs the safety of adjacent roadways.

(10) 

Farm buildings and other detached accessory structures or uses, provided that they:

(a) 

Are not used for human habitation.

(b) 

Are set back at least 10 feet from front, side or rear lot lines.

B. 

Uses permitted in the Town of Malta Agricultural Overlay District by special permit.

(1) 

In addition to the uses allowed in the underlying district, the following uses may be permitted by special use permit:

(a) 

Farm worker dwelling. (Note: A special use permit is not necessarily required within agricultural districts as defined in the New York State Agriculture and Markets Law. This provision is not intended to supersede the provisions of the New York State Agriculture and Markets Law.)

(b) 

Rural business.

[1] 

No more than three acres of land shall be devoted to such use, including areas used for structures, parking, storage, display, setbacks, and landscaping. Any lane serving the rural business and a home and/or farm contained on the same lot shall not be included as lot area devoted to a rural business. No additional lane or curb cut to access the rural business shall be allowed.

[2] 

No more than 50% of the area devoted to a rural business shall be covered by buildings, parking lots, or any other impervious surface.

[3] 

The owner or occupant of the farm must be engaged in the rural business.

[4] 

No more than two full-time and two part-time persons, other than individuals who reside on the farm may be employed in the rural business.

[5] 

The use must be conducted within a completely enclosed building typical of farm buildings.

[6] 

Any outdoor storage of supplies, materials or products shall be located behind the building in which the rural business is conducted.

(2) 

Prior to issuing a special use permit, the Planning Board shall consider, in addition to the criteria set forth in § 167-38.1:

(a) 

The statement of purpose of this article;

(b) 

The proposed use for a location in an area;

(c) 

The availability of alternative locations;

(d) 

Compatibility with existing or permitted uses on adjacent lands;

(e) 

The need for public services created by the proposed use;

(f) 

The effect of the proposed use on water, air or soil resources and on rare or irreplaceable natural or cultural resources;

(g) 

The location of the use so as to minimize the interruption of scenic views;

(h) 

Parking; and

(i) 

Any other site elements which to the Planning Board appear relevant

(3) 

Conditions which may be attached to special permit approval include, but are not limited to:

(a) 

Increased setbacks and yards;

(b) 

Specifications for water supply, liquid waste and solid waste disposal facilities;

(c) 

Additional landscaping and vegetative buffers and screens;

(d) 

Time of operation;

(e) 

Air pollution controls;

(f) 

Location of the use;

(g) 

Buffers; and

(h) 

Site plan review.